Perjury charge in trouble

Clinton impeachment drama could be over by end of the week

Posted: Monday, February 08, 1999

By Larry MargasakAssociated Press

WASHINGTON -- With a perjury charge in deep trouble and acquittal virtually assured, senators on Sunday looked beyond President Clinton's impeachment trial to a censure resolution that could unify Republicans and Democrats in a strong condemnation of his conduct. But even censure had opposition.

The entire impeachment drama appears certain to be over by the end of the week.

Several senators said the article alleging grand jury perjury -- one of two impeachment articles approved by the House on Dec. 19 -- could fail to muster even a majority, despite the Republicans' 55-45 edge in the Senate.

And almost everyone involved agreed that the remaining article -- charging Clinton with obstructing justice -- will fall short of the two-thirds majority needed to convict Clinton and eject him from the presidency.

Working with Democrats on the post-trial alternative of censure, Sen. Robert Bennett, R-Utah, said it was still ''very much up in the air'' whether language will be found to gain the 60 votes that are needed to overcome an expected filibuster.

With videotaped images of Monica Lewinsky fresh in senators' minds, House prosecutors and the Clinton defense team spent the day packaging familiar evidence into closing statements to be delivered Monday.

Clinton himself will be away when closing arguments start -- attending the funeral of Jordan's King Hussein along with national leaders from around the world.

When the roll is called on acquittal or conviction, likely Thursday or Friday, almost all Democrats are expected to oppose both impeachment articles. However Democrat Sen. Robert Byrd of West Virginia, sometimes called the conscience of the Senate, would not rule out voting for conviction.

''The question is, does this rise to the level of high crimes and misdemeanors? I say 'yes,''' said Byrd, who clearly was wrestling with his decision despite his earlier and unsuccessful motion to dismiss the case entirely.

''I have no doubt that he has given false testimony under oath, and that he has misled the American people and ... there are indications that he did indeed obstruct justice ... '' the Senate elder said on ABC's ''This Week.''

But Byrd also said Clinton has ''done a lot of good things'' has the support of the public, and ''in the interest of our country, I may come to the conclusion that we should not remove him.''

While some Democrats predicted that neither the perjury nor the obstruction of justice articles would receive a majority of 51, let alone the 67 votes needed for conviction, the perjury count appeared to be in the most trouble.

Sen. Judd Gregg, R-N.H., said on ''Fox News Sunday'' that ''at least one'' of the counts -- obstruction -- would receive a majority because House managers showed ''a clear pattern here that the president was trying to obstruct justice.''

Sen. Richard Shelby, R-Ala., said on ABC that ''I ... have raised all along some questions of whether or not this case is not porous in nature. Both counts.''

Taking ''a Sunday guess,'' Shelby said 10 to 15 Republicans might vote for acquittal on perjury, while obstruction would capture stronger support for conviction.

Rep. Kay Bailey Hutchison, R-Texas, said on Fox the prosecutors did ''a very good job'' on the obstruction count and predicted, ''I do think there will be over 50 votes.''

Bennett described his censure language as ''a work in progress'' and said on CBS's ''Face the Nation'' that he's unable to predict ''with any kind of certainty'' that it would receive enough bipartisan backing to pass.

Draft censure language floated by Bennett and Sen. Dianne Feinstein, D-Calif., calls the president's conduct ''shameless, reckless, and indefensible,'' and says ''he deliberately misled and deceived the American people and officials in all branches of the United States government. He gave false and misleading testimony and impeded discovery of evidence in judicial proceedings.''

Feinstein explained on NBC's ''Meet the Press'' that she's looking for an expression ''outside of conviction and removal that will go down in history, that will also become part of the legacy of this president, that, in essence, will say we find these acts to be egregious.''

Sen. Mitch McConnell, R-Ky., said on CBS that a censure ''does help the Democrats'' but said it would be preferable to leaving the whole matter with votes of acquittal.

''It does leave you with sort of an empty feeling and that's why, depending upon the words, it may have some appeal on the Republican side,'' he said.

But Sen. Phil Gramm, R-Texas, called the censure language ''awfully weak'' and said it was a ''covering your fanny approach.'' He said he would offer amendments, an approach that could amount to a filibuster to kill any censure plan that lacked 60 votes.